Disappeared Persons and the Right to be Considered Alive - The current State of Play in the Western Balkans

Kolaković-Bojović, Milica (2021) Disappeared Persons and the Right to be Considered Alive - The current State of Play in the Western Balkans. In: Yearbook. No. 4, Human rights protection : right to life. Provincial Protector of Citizens - Ombudsman ; Institute of Criminological and Sociological Research, Novi Sad ; Belgrade, pp. 271-287. ISBN 978-86-80756-43-1

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Abstract

The search for a disappeared person should be conducted under the presumption that he or she is alive. This golden rule has been recognized and incorporated in the main human rights instruments and the soft law dealing with the combating enforced disappearances, but also in those relevant for the search for persons missing in or in relation to arm conflicts. This principle has a multiple influence and tackles as the right of a missing person to be searched, as an obligation to search for him/her. It also has a significant influence on and constitutes a framework for exercising a various property and a social welfare rights of family members of a disappeared person. Considering this and taking into account a gross number of persons who still missing in or in relation with the armed conflicts in Former Republic of Yugoslavia, author explores on how this principle is incorporated in the relevant legislation of the Western Balkans countries. Triggered by the ongoing processes aimed at development of the Serbian Law on Missing Persons, this paper also analyses how this principle should be incorporated in a new law, based on the identification of the existing legal gaps and the comparative legislation in the Region.

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